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SITE FOR SCHOOL

COMPENSATION CLAIM

FULL COURT ASSESSMENTS P.A. WELLINGTON, this day. An interesting case was decided by the Full Court in a judgment delivered this morning. This was a case stated under the Public Works Act by Mr. Justice Callan, as president of the Compensation Court, which sat under the provisions of the above Act in Auckland to hear a claim for £6375 brought by the St. John's College Trust Board against the Auckland Education Board in respect of approximately eight acres of land in the Tamaki district, which was taken and vested in the Auckland Education Board by proclamation in October, 1943, for the purposes of a , public school.

The question the Full Court was the basis of assessment by the Compensation Court.

In its judgment this morning the Full Court said that if claimant were able to show there was a market for subdivisions of the land in question on the relevant date, upon which the value should be ascertained in accordance with the terms of the Servicemen's Settlement and Land Sales Act, 1943, it was open to the Court to assess compensation on the assumption that on that date claimant sold the land to the purchasers in several lots. If, however, the land taken was suitable and intended for subdivision, but there was no market for a sale of allotments on the material date, then assessment by the Court should be made on the basis of what the land might be expected to realise if sold in the open market as one undivided parcel to one purchaser desirous of acquiring for the purpose of subdivision and sale as building sites'. So far as it concerned the land, which could have been sold in allotments at the material date the assessment should be made upon the basis of the sums at which these allotments would have to be sold, while so far as it concerned that part which was unsaleable in allotments on the material date, assessments should be made upon the assumption that on that date claimant sold the whole of such portion of the land in an undivided parcel to one purchaser desirous of acquiring for subdivision and sale as building sites. ' The amount awarded should be the aggregate of these assessments.

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http://paperspast.natlib.govt.nz/newspapers/AS19450716.2.6

Bibliographic details

SITE FOR SCHOOL,
Auckland Star, Volume LXXVI, Issue 166, 16 July 1945

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377

SITE FOR SCHOOL
Auckland Star, Volume LXXVI, Issue 166, 16 July 1945

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